The Batavia woman accused of hitting a Wal-Mart cashier on Christmas Eve was back in Court to challenge New York State’s Elder Law.

26-year old Jaquetta Simmons appeared in Genesee County Court Wednesday afternoon.

She is accused of assaulting 70-year old Walmart employee Grace Suozzi.

Simmons was charged with one count of assault and assault of a person 65 or older otherwise known as the Elder Law.

Simmons’ Attorney Earl Key filed a motion last week that questioned whether the Elder Law violated her constitutional rights.

“The question is whether or not the defendant had to know that the alleged victim was over 65 or whether it’s strict liability whether she knew or not it doesn’t make a difference she would still be subject to criminal penalties based on the statute. The statute the way its written is not clear,” said Key.

Key said the Attorney General has until July 16th to make a decision on the motion. Simmons also has until that date to take a plea deal.

Her trial is set to begin on August 20th. A very confident Key said he intends for this case to go to trial.